Delaware 2016
Frequently Asked Questions
Disclaimer: This guide is designed for informational purposes only. It is not legal advice and is not intended to
create an attorney-client relationship. The Election Protection Coalition does not warrant any information contained
in this guide, nor does the Coalition suggest that the information in this guide should be used as a basis to pursue
legal advice or decision-making.
Note: This FAQ is not exhaustive. Situations or inquiries may arise that are not answered below. In those
circumstances, contact your hotline captain or command center for assistance. Please make sure to record all of the
voter’s contact information should follow-up be necessary.
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TABLE OF CONTENTS
Am I registered to vote?
12. I am a college student. Can I register to vote where
Where do I vote?
I go to school?
When do the polls open/close?
13. I am physically disabled and need assistance. Will
When is/was the voter registration deadline?
my polling place be accessible?
Can I vote without providing identification?
14. I am blind, physically disabled, or cannot read
I have moved and I didn’t update my voter
English and require assistance in order to vote.
registration, can I vote?
Can I get assistance at the polls?
What should I do if there are equipment
15. I don’t know how to use the voting equipment.
problems at my precinct?
Can I get help?
I am a registered voter who is not on the rolls 16. Can I vote absentee or vote in person before
where I currently am. Can I vote where I am?
election day?
My name isn’t popping up on the list of
17. What if I requested an absentee ballot but I want
registered voters – could it have been
to vote in person on Election Day?
removed?
18. Does my state have Same Day Registration? If so,
I have a criminal conviction. Can I vote?
what is the process?
I have been offered a provisional ballot.
What should I do?
1. Am I registered to vote?
A voter can determine whether he or she is registered to vote by visiting the State of Delaware’s “Vote
Delaware” website and entering his or her name, date of birth and zip code
(https://ivote.de.gov/voterlogin.aspx). A voter can also contact the State of Delaware’s Department of
Elections (302-739-4277).
2. Where do I vote?
A registered voter can determine his or her proper polling place by logging in to the “Vote Delaware”
website (https://ivote.de.gov/voterlogin.aspx) or by calling the Department of Elections. Voters may also
contact the election office of the county in which they reside. Contact information may be found at
http://elections.delaware.gov/locations.shtml. If a voter has moved recently and has not updated their
voter registration, refer to Question #6.
3. When do the polls open and close?
The polls must be open from 7:00 a.m. to 8:00 p.m. Eastern Time on Election Day. 1 If you are a hotline
volunteer or a field volunteer and a polling place is not open at 7:00 a.m., advise voters to stay at the
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polling location and contact your hotline captain/command center. A voter waiting in line within the
voting room (or outside of the voting room itself if the line extends outside) prior to 8:00 p.m. must be
allowed to vote. 2 If you are a hotline volunteer or a field volunteer and a polling place prohibits those
who were in line to vote before 8:00 p.m. from voting, advise voters to stay at the polling location and
contact your hotline captain/command center.
Delaware does not have early voting; however, certain voters may qualify for an absentee ballot. 3
Information regarding absentee voting, together with an affidavit for absentee ballot, can be found at
elections.delaware.gov/services/voter/absentee/index.shtml or by contacting the election office of the
county in which the voter resides.
4. When is/was the voter registration deadline?
Voters must apply to register to vote on or before the fourth Saturday before a general election. 4 For the
2016 Presidential Election, the voter registration deadline is October 15, 2016. Mail-in ballots
postmarked on October 15, 2016 will be considered on time. 5
5. Can I vote without providing identification?
Yes, photo identification is not required to vote in Delaware. Voters will be asked to present
identification in the voting room, but if a voter does not have identification, he or she may sign an
affidavit of affirmation that he or she is the person listed on the election district record, and will then be
permitted to vote by regular ballot. If a person’s eligibility to vote at the applicable election district
cannot be determined, the voter shall be permitted to vote by provisional ballot. 6
Forms of identification may include: Delaware driver’s license or state ID; U.S. passport; signed polling
place card or social security card; signed vehicle registration; signed credit card with photo; or other
similar document that identifies the person by photo or signature.
6. I have moved and I didn’t update my voter registration, can I vote?
Yes. A voter who moves within the state may vote either at the polling place where he or she is registered
or at the polling place for that person’s new residence or address. 7
7. What should I do if there are equipment problems at my precinct?
Voters should immediately notify the election officers if the voting machines break down while the polls
are open. Extra voting machines are required to be available in the case of a break down, and must be
rapidly delivered to the polling place. 8
If you are a hotline volunteer and learn of equipment not working properly at a polling place, notify your
hotline captain, who will notify a voting machine expert or speak with election officials.
If you are a field volunteer at a polling place and the equipment is not working properly, notify the
command center, which will notify a voting machine expert.
8. I am a registered voter who is not on the rolls at the precinct where I currently am. Can I
vote where I am?
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A voter may vote either at the polling place where he or she is registered or at the polling place for that
person’s new residence or address. 9 If a voter believes that they are registered to vote in an election
district, but the voter’s eligibility to vote in that district cannot be determined while at the polling place,
the voter may vote a provisional ballot. A voter voting a provisional ballot must show proof of identity
and address to the election officers at the polling place and fully complete the provisional ballot affidavit
with the voter’s full name, complete address and date of birth, otherwise the provisional ballot will not
tallied. 10
9. My name isn’t popping up on the list of registered voters – could it have been removed?
A voter’s name can be removed from the list of registered voters whenever the State Board of Elections
finds that there is a valid reason to believe a person is no longer a duly qualified elector in the election
district in which that person is registered 11 or the Department of Elections determines that a registered
voter has died. 12 A person may be removed from the voter rolls as unqualified if such person is under 18
years old, is not a resident of the State of Delaware, is adjudicated mentally incompetent, was convicted
of a felony or was convicted of certain election-related crimes enumerated in the Delaware Constitution
(in which case such disqualification will last for 10 years from the end of the person’s sentence). 13
If a voter wants to appeal his or her registration status, the voter should call the State of Delaware’s
Department of Elections (302-739-4277) and ask for assistance.
A person properly removed from the voting rolls must re-register to vote. A person erroneously removed
from the voting rolls may be restored to the voting rolls if the Department of Elections’ county director
and deputy county director in the applicable county find that such removal was in error. 14
Note that you can take steps to help to determine why a voter’s name is not popping up on the list of
registered voters:
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Check the voter’s registration status using the registration lookup tool to make sure he/she is
registered to vote and at the right place. (see Question 1)
Has the voter moved recently? Could he/she be registered at an old address? Check that address
in the registration lookup tool. (see Question 1 and Question 6)
Has the voter changed his/her name recently, or could he/she be registered under a different
name? Check that name (and any variations of the voter’s name, especially for hyphenated
names, which sometimes trip up databases) in the registration lookup tool. (see Question 1)
When/where did the voter register to vote? Was that before the deadline?
10. I have a criminal conviction. Can I vote?
Except in certain circumstances, which are described below, a person who has been convicted of a felony
is eligible to register to vote once the person has completed his or her prison sentence (including
probation and parole). 15
If a person has been convicted of a disqualifying felony (such as murder, manslaughter, sexual offenses or
crimes against public administration involving bribery or public corruption), that person will not be able
to register to vote. 16
To determine whether a person is eligible to register to vote, contact the Department of Elections at (302)
739-4277.
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11. I have been offered a provisional ballot. What should I do?
A provisional ballot is a ballot of last resort. Poll workers will offer a voter a provisional ballot if they are
unable to verify that the voter is eligible to vote in the Election District where the voter is attempting to
vote or if the voter’s eligibility to vote is challenged and the vote is refused. 17 In addition, if a court
orders a polling place to be kept open beyond normal time for closing, any voters arriving to vote after the
normal time will be required to vote by provisional ballot. 18
A person voting by provisional ballot must present proof of identity and address to the pollworkers. The
type of identification shown will be annotated on the provisional ballot envelope. If the person voting by
provisional ballot does not show proof of identity or address, the person will be permitted to complete its
vote by provisional ballot and the fact that the person did not present proof of identity and/or address will
be annotated on the provisional ballot envelope. 19
A provisional ballot will not be tallied if:
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The voter is not registered to vote;
The voter is voting in the wrong Election District;
The provisional ballot affidavit is incomplete; or
The voter votes the wrong party’s ballot (applicable only in primary elections). 20
Voters casting a vote by provisional ballot are able to determine whether or not the provisional ballot was
counted, and if it was not counted, the reason or reasons why it was not counted, by visiting
https://ivote.de.gov/provotestat.aspx.
12. I am a college student. Can I register to vote where I go to school?
Yes. College students may register and vote where they go to school, provided they live at their current
Delaware school address with the intent of making it their new permanent home for an appreciable period
of time without any present intention of moving, and meet the state’s residency requirements.
13. I am physically disabled and need assistance. Will my polling place be accessible?
Yes. All polling places must be accessible. 21 Voting machines can be lowered to accommodate voter
needs.
14. I am blind, physically disabled, or cannot read English and require assistance in order to
vote. Can I get assistance at the polls?
Yes. Any voter who needs assistance voting is entitled to have some person of his or her choice, other
than the voter’s employer, an agent of the employer, or an officer or agent of the voter’s union, mark the
voter’s choices or assist the voter in marking his or her choices on the ballot. 22
In addition, ADAM, which is a headset and handheld device that allows visually impairs voters, and
voters with literacy issues, is available at all polling places, and allows voters to vote unassisted. 23
15. I don’t know how to use the voting equipment. Can I get help?
Yes. Any election officer may provide instruction or information for a voter through use of one of the
sample ballots posted in the voting room. 24
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Whenever a voter requests further instructions in the manner of voting or the operation of the voting
machine after having entered the voting machine booth, two election officers of opposite political parties
shall jointly give such instructions. In doing so, the officers shall take care not to assist the voter in any
manner that might influence the voter’s vote. After giving instructions, both officers must retire before
the voter begins to register his or her vote. 25
16. Can I vote absentee or vote in person before election day?
Early voting is not available in Delaware.
A registered voter may vote by absentee ballot if the voter is unable to appear at the polling place of the
voter’s Election District because of one of the following reasons:
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The voter is in public service, the voter is a United States citizen residing out of the United States,
or the voter is absent from Delaware because of injury sustained while serving in the United
States armed forces;
The voter is in the United States armed forces, or attached to and servicing with the armed forces
of the United States in the American Red Cross or United Service Organizations;
The nature of the voter’s business or occupation (including providing care to his or her parent,
spouse, or child who is living at home and requires constant care due to illness, disability or
injury);
The voter is sick or physically disabled;
The voter is absent from the district while on vacation;
The voter is unable to vote at a certain time or on a certain day due to the tenets or teachings of
that person’s religion;
The voter is otherwise authorized pursuant to the federal Uniformed and Overseas Citizens
Absentee Voting Act to vote by absentee ballot; or
The voter is otherwise authorized by federal law to vote by absentee ballot. 26
Voters desiring to vote by absentee ballot may request an absentee ballot from the Department of
Elections by filing a hand written or electronically prepared affidavit with the Department no later than
12:00 noon, Monday, November 7, 2016. 27
In order to have the Department of Elections mail an absentee ballot to the voter, the Department of
Elections for the county where the voter is registered must receive the absentee ballot affidavit and
request for an absentee ballot at least four days prior to the election. 28
The Department of Elections’ office in the county where the voter is registered must receive the voter’s
absentee ballot by 8:00 p.m. on November 8, 2016, in order for the ballot to be counted.
For more information on absentee ballot services and to complete a request for an absentee ballot and
affidavit online, voters can visit the Department of Elections website
(http://elections.delaware.gov/voter/absenteeballot.shtml).
17. What if I requested an absentee ballot but I want to vote in person on Election Day?
A voter eligible to vote absentee (see Question #16) may vote in person by bringing his/her unmarked
absentee ballot to the polls to be cancelled. 29
18. Does my state have Same Day Registration? If so, what is the process?
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No, Delaware does not have Same Day Registration.
1 15 Del. C. §§ 4931, 4947.
2 15 Del. C. § 4947.
3 15 Del. C. §§ 5502, 5503.
4 15 Del. C. § 2036.
5 15 Del. C. § 2036.
6 15 Del. C. §§ 4937, 4948.
7 15 Del. C. § 4941.
8 15 Del. C. § 5010.
9 15 Del. C. § 4941.
10 15 Del. C. § 4948.
11 15 Del. C. § 1702.
12 15 Del. C. § 1705.
13 15 Del. C. § 1701.
14 15 Del. C. § 1704(j).
15 15 Del. C. §§ 6102-6104.
16 15 Del. C. §§ 6102-6104.
17 15 Del. C. §§ 4936; 4948.
18 15 Del. C. § 4948.
19 15 Del. C. § 4948.
20 15 Del. C. § 4948.
21 15 Del. C. § 4512.
22 15 Del. C. § 4943(a).
23 See http://elections.delaware.gov/voter/pdfs/Voting%20in%20Delaware.pdf.
24 15 Del. C. § 4943(b).
25 15 Del. C. § 4943(c).
26 15 Del. C. § 5502.
27 15 Del. C. § 5503.
28 15 Del. C. § 5504.
29 15 Del. C. § 5507(4)(b). This was confirmed by an operator in the office of the Delaware Department of
Elections.
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